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01-29-85 JANUARY 29, 1985 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, January 29, 1985. 1. Roll call showed: Present - Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Malcolm T. Bird Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the Regular Meeting of January 15, 1985, and the Special Meetings of December 20, 1984, December 31, 1984, January 8, 1985 and January 22, 1985, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 35. Mayor Campbell stated that Mr. Bird is ill tonight; however, he has been informed that Mr. Bird would like to be present when Council considers consulting services for the City's utility system which is Item 35 on tonight's agenda. It was the consensus of Council to post- pone this item and to consider it at a Special Meeting to be held at 4:30 P.M., Friday, February 1, 1985. 5.a.1. Mrs. Lillian Feldman, Pines of Delray, thanked City Council and the City Manager for taking care of the reflectors on Homewood Boulevard. 5.a.2. Mr. Marvin Eisenber~, Woodlake, stated that after spending $12,000 to enhance the appearance of the entrance to Woodlake, they were advised that they could only put one sign up. This would put them out of balance with one blank wall and also present a traffic hazard to people travelling north on Homewood Boulevard looking for Woodlake. He is asking that Council consider amending the ordinance so that they can have two signs at their entranceway, as the neighboring communities do. It was the consensus of Council to direct the City Attorney to draft an ordinance amendment to allow developments to have two signs at their entranceways. 5.b.1. Mrs. Horenburger recommended a resolution be drafted sup- porting the Southeast Florida Plan, which Dr. Helen Poppovich presented to the Palm Beach County Legislative Delegation recently. The Plan, which is endorsed by the State Board of Regents, is an enhancement of their university system. Mrs. Horenburger moved that a resolution be drafted formally supporting the Southeast Florida Plan, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5.b.2. Mrs. Horenburger requested that the City Attorney's office be directed to look into the matter of non-residents serving on City Boards as she feels that certain Boards, such as Planning & Zoning, should be comprised of City residents only. It was the consensus of Council that the City Attorney look into that and report back to them. 5.b.3. Mrs. Horenburger suggested that Mayor Campbell appoint a blue ribbon committee of seven or nine members in order to encourage the interrelation of the Planning & Zoning Board and the Community Appearance Board. This committee would review the Land Use Plan, parking plans, height, any and all issues they have been hearing recently. The com- mittee could also recommend hiring consultants to aid in the work. She would urge that the preponderance of appointees not be realtors, law- yers, developers, architects and insurance people and be sure that they are City residents. Mayor Campbell noted that Council has requested the forma- tion of a five member committee to study the height situation and asked Mrs. Horenburger if her suggestion would be in lieu of or in addition to that. She replied, in lieu of; there are more issues than just height that need studying. Mrs. Horenburger moved to authorize the appointment of such a committee, seconded by Mr. Weatherspoon. (No roll call was taken due to Council's consensus to take this to workshop). Mr. Weatherspoon felt they do not need any more committees and suggested they extend the scope of the five member committee which Council has already agreed to form. Mr. Jackel felt that appointments should not be left up to one person on Council and that an issue such as this one requires a fuller discussion. He suggested taking it to workshop. It was the consenus of Council to put this item on the workshop agenda. 5.b.4. Mrs. Horenburger asked the City Manager to provide Council with a report comparing the resident golf course fees in Delray Beach with those in Lake Worth, Boynton Beach and Boca Raton. 5.b.5. Mrs. Horenburger presented 3 checks: $500 from Bill Wallace Ford, $1,000 from Laver's International Resort Development, and $2,000 from Ocean Properties Ltd. This kicks off the effort to raise funds for the beautification of Linton Boulevard and the median strip. These particular funds are earmarked for the medians between 1-95 and Dixie Highway. She hopes other dealerships and businesses along Federal Highway will support this effort as well. The checks can be made out to the City of Delray Beach and earmarked for that particular area that the donor is interested in seeing beautified. 5.b.6. Mayor Campbell reported that he has had calls regarding the numerous break-ins in some areas of the City. He asked the City Manager to get together with the Police Chief to see if something can be done to help prevent burglaries and educate the public. 5.b.7. Mayor Campbell presented a proclamation proclaiming the week of February 1 - 7, 1985 as "Miami Dolphins Week". Chief Charles Kilgore came forward to accept the proclamation. 5.c.1. The City Attorney reported that Resolution No. 13-85, Item #33, has been distributed to Council this evening. 5.c.2. The City Attorney requested that they add to the agenda, as Item #37, First Reading of Ordinance No. 19-85. It deals with minimum door widths and is supplemental to Ordinance No. 14-85. 5.d.1. The City Manager reported on the proposed Police Building regarding the communication system. They now have an estimate of $772,324 if they go with the three channel conventional system. This is well within the limits of the Bond Issue. - 2 - 01/29/85 5.d.2. The City Manager reported that they have modified the list with regard to the Community Development Funds in accordance with Coun- cil discussion. They are tentatively setting a Public Hearing Date for February 12th at which time Council will get further input. They can make a final decision at the February 26th meeting. 6. Mrs. Horenburger moved for approval of the agenda with the addition of Item #37 and the postponement of Item ~35 to Friday at 4:30 P.M., seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 7. Ordinance No. 2-85 - Miller Dodge Rezonin~. Ordinance No. 2-85, relative to rezoning a 1.05-acre parcel from GC (General Commer- cial) to SC (Specialized Commercial) located north of Allen Avenue, if extended west, between U.S. 1 and Dixie Highway, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 2-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL ) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED NORTH OF ALLEN AVENUE, IF EXTENDED WEST, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 2-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 4-85 - Amendin~ Code - Buildings and Construc- tion. Ordinance No. 4-85, amending Chapter 9, "Buildings and Construc- tion'' of the Code of Ordinances to allow a one for one substitution of coconut palms for canopy trees, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 4-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'' , ARTICLE X, "LANDSCAPING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA , BY AMENDING SECTION 9-378, "REQUIREMENTS FOR CERTAIN YARD AREAS, OFF-STREET PARKING, OTHER VEHICULAR USE AREAS", SUBSECTION (f) , "PARKING AREA INTERIOR LANDSCAPING" (3), TO PROVIDE THAT ONE COCONUT PALM HAVING A CLEAR TRUNK OF TWO (2) FEET MAY SERVE AS A SUBSTITUTE FOR ONE TREE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. - 3 - 01/29/85 (Copy of Ordinance No. 4-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 4-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 w~te. 9. Ordinance No. 5-85 - Zoning Ordinance Amendment - Contractors' Offices. Ordinance No. 5-85, amending Chapter 30 "Zoning" of the Code Of Ordinances to allow contractors' offices as a permitted use within the GC (General Commercial) District and SC (Specialized Commercial) District, is before Council for consideration on Second and FINAL Read- ing. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (B) "PEP~ITTED USES" BY ADDING AS A PERMITTED USE "CON- TRACTORS ' OFFICES, INCLUDING BUT NOT LIMITED TO AIR CONDITIONING, BUILDING, ELECTRICAL, PAINTING, AND PLUMB- ING; EXCLUDING ANY OUTSIDE STORAGE OF MATERIALS "; BY AMENDING SECTION 30-12 "SC STORAGE OF MATERIALS"; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL ) DISTRICT" (B) "PERMITTED USES" BY ADDING, AS A PERMITTED USE, "CONTRACTORS' OFFICES, INCLUDING BUT NOT LIMITED TO AIR CONDITIONING, BUILDING, ELECTRICAL, PAINTING, AND PLUMBING; EXCLUDING ANY OUTSIDE STORAGE OF MATERIALS"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 5-85 is on file in the official Ordinance Book ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 5-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 7-85 - Zonin~ Ordinance Amendment - MIC (Mixed Industrial and Commercial) District. Ordinance No. 7-85, amending Chapter 30 "Zoning" of the Code of Ordinances to create the MIC (Mixed Industrial and Commercial) District, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 7-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-2 "ESTABLISHMENT OF ZONING DISTRICTS, PROVISIONS FOR OFFICIAL ZONING MAP" (C) "ESTABLISHMENT OF ZONING DISTRICT" TO PROVIDE FOR THE ESTABLISHMENT OF A MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ENACTING - 4 - 01/29/85 A NEW SECTION 30 -15.4 "MIC (MIXED INDUSTRIAL AND COM- MERCIAL) DISTRICT"; PROVIDING FOR THE PURPOSE OF SAID MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; PROVIDING FOR NO REQUIREMENTS FOR LOT DIMENSIONS AND SITE AREA WITHIN SAID MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; PROVIDING FOR BUILDING SETBACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGULA- TIONS, WALLS AND FENCES, LANDSCAPING, SIGNS; PROVIDING FOR SPECIAL REGULATIONS; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 7-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 8-85 - Zoning Ordinance Amendment - R-1A-C (Single Family/Duplex Dwelling) District. Ordinance No. 8-85, amending Chapter 30 "Zoning" of the Code of Ordinances to create the R-1A-C (Single Family/Duplex Dwelling) District, is before Council for con- sideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 8-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-2 "ESTABLISHMENT OF ZONING DISTRICTS, PROVISION FOR OFFICIAL ZONING MAP" (C) "ESTABLISHMENT OF ZONING DISTRICTS" TO CREATE A NEW ZONING CLASSIFICATION OF R-1A-C (SINGLE FAMILY/DUPLEX DWELLING) DISTRICT; AMENDING SECTION 30-5 TO PROVIDE FOR AN R-1A-C (SINGLE FAMILY/DUPLEX DWELLING) DISTRICT; AMENDING SECTION 30-5 (B) "PERMITTED USES" BY ADDING A NEW SUBSECTION (3) TO PERMIT DUPLEX STRUCTURES IN THE R-1A-C DISTRICT; AMENDING SECTION 30-5 (D) "LOT DIMENSIONS AND SITE AREA" BY ADDING A NEW SUBSECTION (7) TO PROVIDE FOR LOT DIMENSIONS IN THE R-1A-C DISTRICT OF 8,000 SQUARE FEET, AND PROVIDING FOR WIDTH, FRONTAGE AND DEPTH REQUIREMENTS; AMENDING SECTION 30-5 (E) "AGGREGATE FLOOR AREA REQUIREMENTS" TO PROVIDE FOR MINIMUM IN THE R-1A-C DISTRICT OF 1,000 SQUARE FEET; AMENDING SECTION 30-5 (F) "BUILDING SETBACKS" (1) "MINI- MUM SETBACKS" BY ADDING SUBSECTION (7) TO PROVIDE FOR AN R-1A-C DISTRICT AND PROVIDING FRONT, SIDE (INTERIOR) , SIDE (STREET) AND REAR SETBACKS; AMENDING SECTION 30-5 (N) "SPECIAL REGULATIONS" BY ADDING A NEW SUBSECTION (7) TO PROVIDE FOR AN R-1A-C DISTRICT AND TO PERMIT DUPLEX STRUCTURES WITHIN THE R-1A-C DISTRICT WITH CERTAIN CONDI- TIONS; FURTHER AMENDING SUBSECTION (N) "SPECIAL REGU- LATIONS'', BY ADDING A NEW SUBSECTION (8) TO PROVIDE FOR CONVEYANCE OF ONE-HALF OF THE LOT UNDER CERTAIN CONDI- TIONS; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 8-85 is on file in the official Ordinance Book) - 5 - 01/29/85 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 8-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 12. Ordinance No. 9-85 - Amending Code - Buildings and Construction. Ordinance No. 9-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to provide for the City Manager to authorize exemptions for identification and directional signs for City facilities and public purpose organizations, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 9-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'' , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS" , SECTION 9-212, "SPECIAL SIGNS" , BY ADDING A NEW SUBSECTION (F), "EXEMPT SIGNS", TO PROVIDE FOR THE CITY MANAGER TO AUTHORIZE EXEMPTIONS FOR IDENTI- FICATION AND DIRECTIONAL SIGNS FOR CITY FACILITIES AND PUBLIC PURPOSE ORGANIZATIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 9-85 is on file in the official Ordinance Book ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 9-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13. Ordinance No. 10-85 - Amending Code - Buildings and Con- struction. Ordinance No. 10-85, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances relative to signal signs which may be approved by the designated inspector of the Building Department, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 10-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-196, "PURPOSE", SUBSECTION (b) TO PROVIDE FOR SIGNS EXEMPTED UNDER SECTION 9-212 (F); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 10-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. - 6 - 01/29/85 Mr. Jackel moved for the adoption of Ordinance No. 10-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. ~eatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Ordinance No. 11-85 - Amending Code - Buildings and Con- s{ruction. Ordinance No. 11-85, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances relative to exempted signs, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 11-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, SIGNS AND BILLBOARDS", SECTION 9-200, "PERMITS REQUIRED; EX- CEPTIONS'', SUBSECTION (b) BY ADDING A NE~ SUBSECTION (3) WHICH PROVIDES FOR SIGNS EXEMPTED UNDER SECTION 9-212(F); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 11-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 14-85 - Amending Code - Buildings and Con- struction. Ordinance No. 14-85, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances relative to minimum door width requirements, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 14-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", TO INCLUDE AMENDMENTS TO SECTION 508 OF THE STANDARD BUILD- ING CODE, BY ADDING A NEW SUBSECTION 508.1, "APPLICA- TION'', TO REFER TO SUBSECTION 508.4(g) FOR APPLICATION OF SINGLE FAMILY UNITS AND DUPLEXES; BY ADDING A NEW SUB- SECTION 508.4(g), TO ADD MINIMUM DOOR WIDTH REQUIREMENTS FOR D%~ELLING UNITS INCLUDING SINGLE FAMILY UNITS AND DUPLEXES UNDER CERTAIN CONDITIONS, AND HOTELS AND MOTELS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 7 - 01/29/85 Mr. Inness, Paralyzed Veterans of America, thanked Council for adopting this ordinance and asked for permission to speak on Item 37. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 14-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 16. Ordinance No. 15-85 - Amending Code - Noise Control. Ordinance No. 15-85, amending Chapter 16 "Offenses - Miscellaneous" of the Code of Ordinances relative to enhancing animal and bird noise control, is before Council for consideration on Second and FINAL Read- ing. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 15-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL- LANEOUS'' , ARTICLE II, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-35, "NOISES PROHIBITED", SUBSECTION (4), "ANIMALS AND BIRDS", TO EXPAND THE PROHIBITION OF ANIMALS OR BIRDS WHICH DESTROY OR DAMAGE PROPERTY, AND ANIMALS OR BIRDS WHICH FOR A FREQUENT OR CONTINUED DURA- TION MAKE NOISE WHICH IS OF A CHARACTER, INTENSITY OR DURATION AS TO BE DETRIMENTAL TO THE LIFE, HEALTH OR WELFARE OF INDIVIDUALS OF ORDINARY HABITS AND SENSITI- VITIES; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 15-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA 17. Pollworkers. Council is to consider appointment of clerks ahd inspectors from the list of possible appointees from which suffi- cient numbers will be selected by the City Clerk to conduct the upcoming election. Approval is recommended. 18. Request for Solicitation of Funds - Diabetes Research In- stitute. It is recommended that Council approve solicitation of funds from February 2nd through February 10, 1985. 19. Request for Solicitation of Funds - Trinity Council ~4839 Knights of Columbus. It is recommended that Council approve solicita- tion of funds from March 1st through March 2, 1985. - 8 - 01/29/85 20. Site Plan Approval Extension - Sabal Pine Village. Council is to consider a request for an extension of the site plan approval for Sabal Pine Village, a 244-unit multiple family project located at the northwest corner of Congress Avenue and S.W. 29th Street. The current approval expires February 9, 1985. The Planning & Zoning Board recom- mended granting a one-year extension to February 8, 1986 by a vote of 6-1 (Sumrall dissenting). 21. Liquid Chlorine and HTH. Council is to consider award of a contract to the low bidder, Allied Universal, who is the current pro- vider, for the following to be used at the Water Treatment Plant and Wastewater Collection: Estimated Unit Extended Description Annual Qty Price Price One-ton cylinder liquid chlorine 1,294 $214.45 $277,498.30 150 lb cylinder 202 31.50 6,363.00 100 lb drums of HTH 156 94.50 14,742.00 $298,603.30 Funds are to come from the 1984/85 budget. Approval is recommended. 22. Rehabilitation of Storm Drains - Tropic Isle Subdivision. Council is to consider award of a contract to Westra Construction Cor- poration, the only bidder, in the amount of $16,880 for storm drain re- habilitation in Tropic Isle Subdivision. Due to the specialized nature of the work, it was not unexpected that only one response was received. Funds are to come from the 1984/85 budget. Approval is recommended. 23. Ri~ht-of-Way Deed - Delra¥ Lincoln Mercury. Council is to consider acceptance of an additional right-of-way deed for Old Dixie Highway from Southeast Investments of Palm Beach County, Inc. Approval is recommended. 24. Recreational Impact Fees. Council is to consider approval of capital projects to be funded from recreational impact fees. 25. Special Events - 1985 Pro~rammin~ Schedule. Council is to consider approval of list of special events and dates for recreational events. 26. Easement Abandonment - Blocks 21 and 37~Del-Raton Park. Resolution No. 11-85, abandoning certain utility easements lying within Blocks 21 and 37 of Del-Raton Park, is before Council for consideration. The easements are within the Delray Volkswagen site which is located on the east side of Federal Highway between LaMat Avenue and Tropic Boulevard. This was approved by the Planning & Zoning Board by a vote of 6-0. The caption of Resolution No. 11-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIX (6) FOOT UTILITY EASEMENT LYING BETWEEN LOTS 1 AND 4, BLOCK 21, AND THE SIX (6) FOOT UTILITY EASEMENTS LYING IN BLOCK 37, ACCORDING TO THE PLAT OF DEL-RATON PARK, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 11-85 is on file in the official Resolution Book) 27. Nuisance Abatement. Resolution No. 12-85, assessing costs o~ abating nuisances in accordance with Sections 13-12 and 13-13 on 21 parcels, is before Council for consideration. - 9 - 01/29/85 The caption of Resolution No. 12-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 12-85 is on file in the official Resolution Book) 28. Chan~e Order - Lift Station No. 17. Council is to consider approval of Change Order No. 1 from Donestevez Mechanical Contractors, Inc., increasing the original contract price by $9,360 to relocate new pumps into existing dry well due to concrete deterioration. The new contract price will be $142,513 with funds to come from the 84/85 bud- get. Approval is recommended. 29. Final Payment and Chan~e Order - Diversified Drillin~ Cor- poration. Council is to consider approval of final payment in the amount of $22,239 to Diversified Drilling Corporation for completion of interim golf course well and Change Order increasing the contract price by $368 for a new total of $192,047.19. Approval is recommended. 30. Vehicles for Police Department. Council is to consider an award per State contract for two 1985 Ford LTD's for police aides in the amount of $16,330. Funds are to come from the 1984/85 budget. The vehicles are replacements for two· 1981 Ford Fairmonts which will be disposed of at auction. Approval is recommended. Mr. Jackel moved for adoption of the Consent Agenda, sec- onded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 31___~. Appointment of Bond Counsel. Council is to consider the appointment of Mudge, Rose, Guthrie, Alexander and Ferdon to act as Bond Counsel and appointment of Herbert W.A. Thiele to act as Local Bond Counsel relative to the 1985 General Obligation Bond and to authorize same to draft appropriate documentation setting said bond for referendum election and competitive bond sale. Mayor Campbell asked if this would preclude them from going with a negotiated sale at a later time if they should desire to. The City Attorney replied that it would not preclude it but the amount of money might be insufficient. Mr. Jackel moved for the appointment of Mudge, Rose, Guth- rie, Alexander and Ferdon to act as Bond Counsel and appointment of Herbert W.A. Thiele to act as Local Bond Counsel relative to the 1985 General Obligation Bonds which will appear before them on March 12, 1985, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 32. Financial Consultant for City. Council is to consider retaining Dean Witter Reynolds, Inc., to act as the City's Financial Consultant for the 1985 General Obligation Bond and to direct same to prepare necessary documentation for competitive bid of said bond. - 10 - 01/29/85 Mr. Jackel moved to retain Dean Witter Reynolds, Inc., to act as the City's Financial Consultant for the 1985 General Obligation Bond and to direct same to prepare the necessary documentation for competitive bid of said bond for the March 12, 1985 ballot, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 33. G~neral Obligation Bond. Resolution No. 13-85, calling for a referendum to authorize a General Obligation Bond in the amount of $5,000,000 for the Police facility, is before Council for consideration. The City Manager presented Resolution No. 13-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,000,000 TO FINANCE THE CONSTRUCTION OF A PUBLIC SAFETY FACILITY IN THE MANNER HEREIN SET FORTH; PROVIDING FOR THE CONSTRUCTION OF THE PUBLIC SAFETY FACILITY; ORDERING AND PROVIDING FOR A BOND ELECTION ON THE APPROVAL OF THE BONDS; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 13-85 is on file in the official Resolution Book) Mayor Campbell suggested designating this building as the "Public Safety Building" as opposed to "Police facility". Mr. Weather- spoon did not see any point to it. Mrs. Horenburger stated that the fact that they are addressing a communication system which is for use by both their Police and Fire Departments gives it an overall public safety image. Mr. Jackel felt it was a more up to date expression and sug- gested modifying it to read "Public Safety Facility". Council con- curred. The City Attorney pointed out that there is a typographical error in Section 10 of the resolution; it should read "operations of the Police Department" rather than "operations of the Police Chief". Mr. Jackel moved for the adoption of Resolution No. 13-85 with the two amendments, designating the building as "Public Safety Facility" and correcting the typographical error as outlined by the City Attorney, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 34. Appointments - Board of Construction Appeals. Council is to consider appointments of three members to the Board of Construction Appeals - General Contractor and Air Conditioning Contractor to terms ending January 8, 1987 and Master Electrician to a term ending January 8, 1986. Mr. Jackel moved for the appointments of David Henninger as the Air Conditioning Contractor and Del Swilley as the General Contrac- tor whose terms end January 8, 1987, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell noted that they still have an opening for a Master Electrician. Mrs. Horenburger stated she has been talking to several. 36. Ordinance No. 16-85 - Zonin~ Ordinance Amendment - Sports Trainin~ Facilities. Ordinance No. 16-85, amending Chapter 30 "Zoning" of the Code of Ordinances to allow sports training facilities as a conditional use within the RM-10 (Multiple Family Dwelling) District and RM (~edium to High Density Dwelling) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held on February 12th. - 11 - 01/29/85 The City Manager presented Ordinance No. 16-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DEN- SITY DWELLING) DISTRICT" (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "SPORTS TRAINING FACILITIES, INCLUD- ING BUT NOT LIMITED TO BASEBALL SCHOOLS, FOOTBALL CLIN- ICS, AND TENNIS CAMPS"; BY AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT" (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "SPORTS TRAINING FACILITIES, INCLUDING BUT NOT LIMITED TO BASEBALL SCHOOLS, FOOTBALL CLINICS, AND TENNIS CAMPS"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 16-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Jackel asked why they are adopting this. Mayor Campbell stated that they discussed this at workshop about a month ago with regard to a baseball school near Lavers in an RM-10 District. At this point the roll was called to the motion. 37. Ordinance No. 19-85. Ordinance No. 19-85, amending Chapter 9, "Buildings and Construction" of the Code of Ordinances relative to door widths is before Council for consideration on First Reading. If passed, Public Hearing will be held on February 12th. The City Manager presented Ordinance No. 19-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SECTION 9-12, "DOOR WIDTHS", TO REQUIRE THAT THE DOOR WIDTHS FOR ALL DWELLING UNITS INCLUDING SINGLE FAMILY UNITS, CERTAIN DUPLEXES, AND HOTELS AND MOTELS SHALL HAVE A MINIMUM OF 29 INCHES CLEAR OPENING; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney reported that this ordinance has a twofold purpose: (1) This ordinance adds a requirement similar to Ordinance No. 14-85 to another section of the Code. (2) As there is dispute over which Standard Building Code is enforced in the County, whether it be the 1979 or the 1981 or others, as a matter of caution, they decided to add this requirement to another section of their Code so it will not matter which Standard Building Code they are under. Mr. Inness questioned the wording "certain duplexes". The City Attorney explained that the ordinance makes no exclusions. Mr. Inness commended the City Attorney for a fine piece of work. Mr. Jackel moved for the adoption of Ordinance No. 19-85 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. - 12 - 01/29/85 38. The City Manager advised that several months ago Council agreed to fund $25,000 for bike trails if the County would fund a like amount. The County Commission has funded the $25,000 and will be look- ing to the City for its share. He suggested that Council may want to consider this as one of their expenditures from impact fees. Mayor Campbell declared the meeting adjourned at 8:05 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of January 29, 1985, which minutes were formally approved and adopted by the City Council on NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 13 - 01/29/85